Unauthorised Encampments (Brighton)

Simon Kirby Excerpts

Wednesday 15th June 2011 Westminster Hall

[Simon Kirby (Brighton, Kemptown) (Con)]

I am grateful to have secured this Adjournment debate. In recent weeks, my constituents have become increasingly concerned about the influx of Travellers into Brighton, the creation of unauthorised encampments, and the attitude taken by the city council’s new Green administration to that important issue. Furthermore, a “tent city” protest against Spanish-style austerity has recently been organised by the so-called Real Democracy Now campaign on the historic Old Steine in Brighton. That protest was not moved on by the police, and it was welcomed by the Green party as the kind of peaceful protest it wants to see.

A number of houses in the Ovingdean and Roedean areas of my constituency have been used as so-called “party houses”, and former homes in residential streets have been turned into the equivalent of nightclubs for 24-hour partying over the weekends. As you will imagine, Mr Streeter, none of that sits well with the majority of law-abiding citizens and constituents, who pay their taxes and obey the rules.

Brighton has been a magnet for Travellers for many years. Previous councils created a site for Travellers at Horsdean in Brighton, which was refurbished by the recently departed Conservative administration. That site is located in the constituency of the hon. Member for Brighton, Pavilion (Caroline Lucas).

[Caroline Lucas (Brighton, Pavilion) (Green)]

The hon. Gentleman mentions the fact that the previous administration set up a transit camp. Does he also acknowledge that it did not succeed in finding any kind of permanent site? The lack of such permanent sites is one of the main causes of the problems he describes.

[Simon Kirby]

I am afraid that I do not agree with the hon. Lady. The problems we see today—which will get worse if something is not done—are caused by the Green administration and the lack of desire to move people on. We have a perfectly adequate transit camp that is largely unoccupied. Yet over the past few weeks in Brighton and Hove we have seen Travellers at the Victoria recreation ground, at Benfield Valley park, at Withdean park, on farmland adjacent to 39 Acres off Ditchling road, on the Ladies Mile open space, at Happy valley, at Wild park and in east Brighton. The camp at Horsdean remains, at a cost to the taxpayer, and it has empty pitches.

As I have said, Brighton has been a magnet for Travellers for many years, and the good intentions of previous administrations do not seem to have stemmed the flow of Travellers to the area. When Travellers arrive, groups set up unauthorised encampments wherever the mood takes them. That could be on publicly owned land, which is often owned by the city council, or on privately owned land such as the Portslade cricket club in the constituency of my hon. Friend the Member for Hove (Mike Weatherley). Understandably, residents get annoyed and phone the police or the council. The council and the police are supposed to work together, but there is often a delay while legally mandated welfare checks are carried out, and consideration is given to seeking an order that would instruct the Travellers to move under section 61 of the Criminal Justice and Public Order Act 1994.

[Bob Stewart (Beckenham) (Con)]

This problem is not uncommon. Yesterday I visited a newly-established illegal Travellers site in Layhams lane, Coney Hall, in my constituency. I told the Travellers to move on and they told me that they would not unless compelled to do so by the police. In the meantime—as they have done before—they make a hugely expensive mess for the local council. In this specific case, some people have uncontrolled dogs that bit one of the teachers in the local school. Anything we can do to increase the speed with which police and enforcers can act would be a great help for decent people who have to put up with the mess.

[Simon Kirby]

My hon. Friend makes a valid point and I agree with him. Only recently we saw similar antisocial activity in the Happy Valley area of Woodingdean in my constituency. Allegations of damage, fouling and abusive behaviour were made to the police and council.

[Sajid Javid (Bromsgrove) (Con)]

I congratulate my hon. Friend on securing this important debate. As he may remember, a few months ago I raised this issue during Prime Minister’s questions and asked what could be done. I asked whether intentional trespass could be made a criminal offence, so that if people move on to other people’s land without permission they can be removed without the need for a court order. The Prime Minister said that he was encouraged by the proposal and that he will look at the issue. Does my hon. Friend agree with such a measure, and will the Minister tell us what point the Government have reached in looking at that proposal?

[Simon Kirby]

I agree with my hon. Friend. Many people in my constituency find it difficult to understand why people can take the law into their own hands and do what they like, disregarding the feelings and needs of others.

[Nicholas Soames (Mid Sussex) (Con)]

Does my hon. Friend agree that the foolish decision by the council makes it harder for the travelling community to live in harmony and be accepted in the way we would wish it to be? Settling in orderly sites is the right way to proceed. In my constituency, we have discovered that the only way to deal with the problem is to be absolutely consistent. If we are consistent and the law is properly enforced, Travellers and the local community find that they can live in greater harmony.

[Simon Kirby]

As usual, my hon. Friend makes a valid point. We need clarity and consistency, and for everybody to know where they stand.

[Jack Lopresti (Filton and Bradley Stoke) (Con)]

We are talking about the legality of moving Travellers on. In the Severn Beach and Pilning areas of my constituency there is a new school, and we have had a spate of problems with unauthorised Traveller sites. I asked the Under-Secretary of State for Justice, my hon. Friend the Member for Reigate (Mr Blunt), about making exclusion and eviction orders site-specific rather than individually based. At the moment, if a group of Travellers is asked to move on, other people can quickly reoccupy the site. If the eviction or exclusion order is made specific to a particular site, the problem will be solved once and for all.

[Simon Kirby]

My hon. Friend makes a valid point to which I am sure the Minister has listened carefully.

[Heather Wheeler (South Derbyshire) (Con)]

We have danced around this issue for so long. Many hon. Members present are from the new intake, but some are not. The question about intentional trespass is interesting, and I am delighted that we are pushing the Minister to provide an up-to-date statement on that. In South Derbyshire, I have found that when Travellers trespass intentionally on private land we can get them shifted within 24 hours by using bailiffs. I want to encourage all hon. Friends to let local residents and councils—and perhaps the local police force—know about the possibility of using bailiffs to move Travellers on within 24 hours. We still have an issue with council protocols, and perhaps the Minister will clarify our position on releasing councils from the draconian issue of 28 days’ notice. I hope that hon. Members will accept my apologies; I will not be present at the end of the debate because I need to go to prayers.

[Simon Kirby]

I thank my hon. Friend for making a valid point, to which I am sure the Minister has listened. She is absolutely right. It is not only the two communities—the settled community and the travelling community—that need clarity. Local government itself needs a clear steer on this matter and the tools to carry out the task.

[Caroline Lucas]

Will the hon. Gentleman give way?

[Mr Gary Streeter (in the Chair)]

Order. I encourage the hon. Gentleman who has the floor to ensure that he leaves enough time for the Minister to respond to the debate and enough time to make his own points. Of course, I cannot stop him allowing others to intervene, but he may want to implement a rule of one intervention only.

[Simon Kirby]

Thank you for your wise advice, Mr Streeter. If I can make some progress, perhaps I can give way shortly. Figures from Brighton and Hove city council show that in the past three years, costs of about £233,000 have been incurred simply in clearing up unauthorised encampments.

[Caroline Nokes (Romsey and Southampton North) (Con)]

I apologise for intervening so soon, but my hon. Friend has made a specific point. In my constituency of Romsey and Southampton North, there has recently been an illegal Traveller encampment at Monks Brook. That is one incident among recurrent incidents at that site. A significant amount of mess, of varying types—some of it very unsanitary—has been left behind for the councils to clear up, and of course the ultimate cost of that will fall on the hard-pressed council tax payer. I very much hope that my hon. Friend the Minister will tell us about any support that might be available for councils, even if it is just in the form of strengthened powers to ensure that encampments can be moved on more quickly.

--- Later in debate ---

[Simon Kirby]

I thank my hon. Friend for making a valid point. Clearly, the money that is spent in tidying up and clearing up the mess in these instances comes from taxpayers. I for one would like to see that money spent on parks, libraries, grass cutting or any number of other, more constructive things—[Interruption.] Perhaps it could even be spent on weekly bin collections, as a colleague of mine suggests.

In addition, as I mentioned, the previous, Conservative-led council spent some £160,000—again, no mean sum in local government terms—on refurbishing the Traveller site built 10 years or so previously. I understand that the annual budget of the council’s Traveller team is £310,000. Often, the criticism is classed as nimbyism or, worse, racism, yet nothing could be further from the truth. My hon. Friend the Member for Mid Sussex (Nicholas Soames) mentioned communities living in harmony. That is exactly what we all seek to achieve. What people in my constituency and, I suspect, in other constituencies say is that people should be able to lead their lives in their own way, but not if their doing so creates an inconvenience and a cost for others.

[Mike Weatherley (Hove) (Con)]

I thank my hon. Friend for securing this vital debate. Does he agree that it is vital that the support of the new Green administration in Brighton and Hove for Travellers, which appears to be linked to some unlawful instances of destruction of public green spaces such as in Victoria park in my constituency, is reversed as a matter of urgency?

[Simon Kirby]

I thank my hon. Friend for his question. I agree with him. The Green council seems to have given the green light to Travellers to create unauthorised encampments in the city.

[Caroline Lucas]

Will the hon. Gentleman give way?

[Simon Kirby]

I must make some progress.

[Caroline Lucas]

On a point of order, Mr Streeter. What has been said is simply not true. The hon. Gentleman talked about—

[Mr Gary Streeter (in the Chair)]

Order. That is not a point of order. The hon. Lady should take her seat. It is a point of debate.

[Simon Kirby]

Thank you, Mr Streeter. The comments of the lead councillor of the city council, who said that the group of Travellers had “reluctantly” been moved on by the council, do not imply a willingness to see fewer encampments rather than more.

To be fair, I understand, following discussions with senior officers in the council, that the policy has not changed in terms of moving Travellers off unauthorised encampments as soon as possible, yet the tone of public statements by the Green council sends a very different message. We shall see who is right when a large group of Travellers leaves Essex in the near future. Where will they go—to a council that is not sympathetic or to one that because of the statements of its senior figures appears to be so? The Greens have set a dangerous precedent by their public attitude and comments, and residents are genuinely worried about what may be about to be visited upon them in terms of nuisance and cost.

I mentioned that a further type of unauthorised encampment has been created in the historic Old Steine area of Brighton. That is a large, open, grassy area close to the seafront with a café and fountain. It is possible to see the pier from the Steine and it is a favourite attraction for residents and visitors alike. Several weeks ago, several people, protesting on the eve of the Spanish general election regarding the austerity measures having to be taken in that country, decided to create a tent city on the Old Steine. They had a very happy time, banging drums, writing protest placards and creating a focus for world revolution, yet the reality is that their camp was unauthorised. They are now moving on, but some still believe that it is their right to reoccupy the area whenever they choose.

We know, Mr Streeter, how permanent so-called temporary tent cities can become. We have only to look feet behind the chair in which you sit to see one across the road from the Palace. Many constituents rightly argue to me that if a group of protesters is allowed to set up camp like this and, crucially, are not moved on by the police, why cannot they, with a group of friends, take their caravans and tents to the Old Steine and make a holiday camp for themselves? The only difference seems to be that one group has placards decrying the democratic processes that actually allow dissent and protest and the other does not. There is no excuse for long-term tent cities such as this. We have a vigorous Parliament, where issues are debated and decisions on the management of national debt and other important issues are made on a daily basis.

[Caroline Lucas]

I strongly regret and deplore the way in which the hon. Gentleman is using a very sensitive issue as a political football. That does no credit to him or his constituents. What we should be doing across the south-east is working together to find more permanent sites. That is the crux of the problem that we are discussing. He will know, because council officers have said so, that the number of Travellers and Gypsies coming into Brighton is no greater this summer than it has been for any other summer recently. He will also know that the very first act of the new Green cabinet—the very first thing that it did within minutes of being sworn in—was to evict people, very sensibly and responsibly, from the Woollards Field site in Brighton. I therefore urge him to treat this issue with the sensitivity that it deserves, not to conflate the issue of the Old Steine with what is happening with Travellers and Gypsies. Those are two separate things. The actions on the Old Steine were such that they minimised—

[Mr Gary Streeter (in the Chair)]

Order. Interventions should be short.

[Simon Kirby]

I thank the hon. Lady for her intervention. I would like to move on and briefly mention party houses. Those are homes, generally in quiet, residential areas, that are often used to sleep about 20 people. That can lead to days of non-stop partying until the early hours. That disturbs residents, who are entitled to the quiet enjoyment of their homes. It destroys the amenity of an area and creates a further sense of a flouting of the rules by which most sensible communities live. If people choose to live in the centre of Brighton, they can expect noise and disturbance. If they choose to live in an area that is mainly residential, they should be able to expect to go to sleep at night. The previous leader of the council held round-table discussions with council officers, the police and fire authority representatives to see what could be done. What she heard was that, essentially, the hands of public authorities seem tied. That cannot be right.

I urge the Minister to consider the following. We need to strengthen the powers of the police to move Travellers on much more quickly than is the case now. There should be clear guidelines about when the police must act, and those guidelines must err on the side of protecting the property and amenity rights of the settled population. The issue of mandatory welfare checks needs to be urgently reviewed, as well as the level of resources that local authorities need in order to undertake the work required when Traveller incursions take place. On protest camps, the law of trespass needs to be firmly enforced. Again, the police must be given clear instructions on how to handle such situations. On party houses, I believe that we need an amendment to the Localism Bill, which is now in the other place, to give local authorities more powers in that regard.

People in Brighton tell me that they have had enough of their lives being disrupted by outside groups that use the city for their own ends. The settled majority have rights, too, and they are looking to Parliament to uphold them.